Easy Law Finder

Tag: personal-injury

  • How Lawyers in Florida Get Paid for Lawsuits

    —

    by

    Elf
    in

    – In Florida, attorneys’ fees in lawsuits are generally paid by each party, unless a statute or contract says otherwise. – In contract disputes, the prevailing party can recover attorneys’ fees and costs from the non-prevailing party, even if the contract doesn’t mention it. – If a plaintiff wins a discrimination lawsuit in Florida, they…

  • Who Is Responsible for Injuries from Downed Power Lines After a Storm?

    —

    by

    Elf
    in

    – Temporary or permanent muscle, nerve, and tissue damage from electrical current passing through the body – Brain damage from the high levels of electrical current the body has absorbed – Various degrees of thermal burns from contact with high voltage electricity – Cardiac arrest – Many individuals die as a result of contact with…

  • Florida’s New Law Cuts Time to Sue for Negligence in Half – What You Need to Know

    —

    by

    Elf
    in

    1. The tort reform bill HB 837 signed by Florida Governor Ron DeSantis cut the statute of limitations for negligence claims in half, from four years to two years. 2. A statute of limitations is a time limit set on when a plaintiff must file a lawsuit after their cause of action first accrues, or…

  • Florida Makes Changes to Lawsuits for Big Payments for Injured People and Their Lawyers

    —

    by

    Elf
    in

    1. House Bill 837 was signed by Florida Governor Ron DeSantis to decrease frivolous lawsuits and prevent predatory practices of trial attorneys. 2. A record number of 280,122 cases were filed in March 2023, 126.9% higher than the previous record set in May 2021. 3. The bill repeals section 627.428, Florida Statutes, which provided for…

  • Enforcing Non-Compete Agreements for Doctors

    —

    by

    Elf
    in

    1. A Florida court upheld a temporary injunction against a cardiovascular surgeon for violating non-compete and non-solicit provisions in his employment contract with First Coast Cardiovascular Institute, P.A. 2. FCCI had plans to expand its practice in Putnam County, Florida and had made investments to deepen its relationship with Putnam County Medical Center. 3. Dr.…

  • “Get Help Applying for Work Visas with an Immigration Attorney”

    —

    by

    Elf
    in

    Work visas are a type of visa that allows foreign workers to legally work in the United States for a temporary period of time. They are available for various job types, including specialty occupations, free trade agreement professionals, agricultural workers, and educators. The length of employment depends on the type of visa issued. Working with…

  • “Taking Partial Blame for Your Slip-and-Fall Injury in Florida”

    —

    by

    Elf
    in

    – In Florida, there is a two-year statute of limitations for filing a claim for slip-and-fall or trip-and-fall accidents. – Florida has a modified comparative negligence law, which means that if the injured person is found to share some degree of liability, their compensation will be reduced by the percentage of fault assigned to them.…

  • Financial Compensation for Whiplash and Concussion Injuries

    —

    by

    Elf
    in

    – Whiplash injury occurs when the head and neck are suddenly snapped forward and backward, causing soft tissue injuries. Symptoms may appear days later and can be challenging to treat. – Concussion is a traumatic brain injury (TBI) caused by a violent blow or severe shaking to the head. It can lead to other neurological…

  • Delayed Injuries After a Car Accident

    —

    by

    Elf
    in

    Delayed injuries from car accidents can include whiplash, back pain, and emotional distress. Even if symptoms don’t appear immediately, it’s important to seek medical evaluation as soon as possible. Consulting with a personal injury attorney can help in optimizing the claim to include compensation for delayed injuries, even if there is pushback from the at-fault…

  • “Should I Accept the First Offer from the Insurance Company?”

    —

    by

    Elf
    in

    1. The first offer from the insurance company may not fully cover the damages suffered in the car accident. 2. Accepting the first offer means waiving the right to seek additional compensation for damages that may be discovered later. 3. Insurance companies may offer a lower settlement amount in their first offer in the hopes…

  • Is Windshield Replacement Still Free in Florida? What High School Students Need to Know

    —

    by

    Elf
    in

    1. Florida Statute §627.7288 allows individuals with comprehensive insurance coverage to have their cracked or broken windshield replaced for free. 2. Motorists with combined additional coverage also qualify for free windshield repair. 3. Comprehensive insurance pays to replace or repair a vehicle if it is damaged or stolen, not due to a collision. 4. Comprehensive…

  • Car Insurance Coverage in Multi-Car Accidents

    —

    by

    Elf
    in

    – Multi-car accidents can be challenging to settle because liability issues must be thoroughly reviewed. – It is recommended to hire an experienced motor vehicle accident attorney if involved in a multi-car accident to navigate the claims process. – Multi-car accidents can occur due to chain reactions or vehicles being too close to each other…

  • Are You Actually an Employee and Not an Independent Contractor?

    —

    by

    Elf
    in

    1. The Eleventh Circuit ruling in Romera v. Razzle Dazzle Barbershop, Inc. affirmed that a salon in Miami correctly classified certain barbers as independent contractors. 2. The outcome of the case was based on unique evidence and legal strategies used by the attorneys representing both sides, and does not mean that all barbers can be…

  • Maximize Your Business’s Advertising Budget: What You Need to Know

    —

    by

    Elf
    in

    1. The tax law allows businesses to deduct advertising and marketing expenses that help retain existing customers and attract new ones. 2. To be deductible, advertising and marketing expenses must be considered “ordinary and necessary” under tax law. 3. Some deductible advertising expenses include reasonable expenses directly related to business activities, goodwill advertising to maintain…

  • Filing a Lawsuit for Personal Injury

    —

    by

    Elf
    in

    – The statute of limitations to file a personal injury claim in Florida is four years, but it is three years if the claim is against a government entity, and/or two years in medical malpractice matter from the date the person knew or should have known that their injuries were the result of a third…

  • What Workers’ Comp Doesn’t Pay for in Florida

    —

    by

    Elf
    in

    – Workers’ compensation in Florida covers initial care or treatment, out-of-pocket expenses, and up to 66-⅔ of total wages before the accident for injured workers. – Pain and suffering, pre-existing conditions, and injuries from reckless behavior or horseplay on the job are not covered by workers’ comp. – If an employee is injured by a…

  • Understanding Florida’s Rule on Economic Loss in Construction Disputes

    —

    by

    Elf
    in

    – The economic loss rule in Florida prohibits tort recovery if the only damages suffered are economic losses. – This means that if a product damages itself but does not cause personal injury or damage to other property, the proper cause of action is breach of contract, not negligence. – In the construction context, this…

  • “Legal Battle: Court Upholds Employment Agreements”

    —

    by

    Elf
    in

    1. Four physicians in Tampa, Florida left their practice group to work with a local competitor. 2. They had previously signed employment agreements that included non-compete and non-solicit provisions. 3. The court enforced these provisions against the physicians. 4. The case serves as a reminder that non-compete disputes can be expensive and unpredictable. – The…

  • “Changes to Florida Medical Laws to Protect Patients: What You Need to Know”

    —

    by

    Elf
    in

    – HB 837 replaces Florida’s pure comparative fault system with a modified comparative fault system. – Under the new system, claimants found to be at least 51% liable for an incident cannot seek reparation from the other party. Uniformity in Proving Damages for Medical Expenses – The legislation establishes a uniform evidentiary threshold for proving…

  • Recent Changes to Florida Building Code and Lawsuits

    —

    by

    Elf
    in

    1. Florida law allows for a private cause of action for violation of the Florida Building Code. 2. A recent amendment to Florida Statute 553.84 better defines and limits what is considered a cognizable cause of action for violation of the Code. 3. The amendment to the statute no longer allows for Code violation claims…

  • Supreme Court Allows States to Get Money from Lawsuits to Cover Future Medicaid Costs

    —

    by

    Elf
    in

    – The U.S. Supreme Court ruled in favor of Florida’s Medicaid program in the case of Gallardo v. Marstiller, allowing states to recoup future medical expenses from Medicaid beneficiaries who receive tort settlements. – The court’s decision was based on the interpretation of the Medicaid Act, which requires beneficiaries to assign the state any rights…

  • Common Questions about Disputes in Florida Business Partnerships

    —

    by

    Elf
    in

    – A partnership in Florida is created when two or more people associate to carry on a business for profit. – Intent to form a partnership can exist even without a written or verbal agreement. – The formation, operation, withdrawal process, and dissolution of a Florida partnership are typically governed by the Florida Revised Partnership…

  • “What Happens if the Defendant Dies in a Legal Case?”

    —

    by

    Elf
    in

    1. When a defendant in a civil suit passes away, the cause of action is not extinguished by their death. 2. If a defendant dies before a lawsuit is filed, the personal injury action can be brought against the defendant’s personal representative in a pending action. 3. Florida’s survival statute ensures that all causes of…

  • Navigating Real Estate Disputes: A Student’s Guide

    —

    by

    Elf
    in

    – The experiment resulted in high levels of enzyme activity. – The survey showed a clear preference for the new product. – The research indicated a correlation between exercise and improved cognitive function. – Failure to disclose defects in the property can lead to legal action if the purchaser learns of an undisclosed defect after…